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IPR Enforcement Actions on TV Programs, Static Random Access Memories

Thursday, June 13, 2013
Sandler, Travis & Rosenberg Trade Report

Potential IPR Probe of TV Programs Evaluated for Public Interest Issues. The International Trade Commission is requesting comments no later than June 21 on any public interest issues raised by a Section 337 intellectual property rights infringement complaint filed on behalf of E.T. Radcliffe LLC and Emir Tiar against certain TV programs, literary works for TV production and episode guides pertaining to same. According to press reports, the complaint alleges that Tiar’s TV pilot script, character analysis and episode guide for a children’s TV program were copied, distributed and modified to produce a TV program in Canada that is currently being imported into the U.S. and aired on a cable channel.

Comments should address whether the issuance of exclusion orders and/or cease and desist orders pursuant to this complaint would affect the public health and welfare in the U.S., competitive conditions in the U.S. economy, the production of like or directly competitive articles in the U.S., or U.S. consumers. In particular, the ITC is interested in comments that:

- explain how the articles potentially subject to the orders are used in the U.S.;

- identify any public health, safety or welfare concerns in the U.S. relating to the potential orders;

- identify like or directly competitive articles that the complainant, its licensees or third parties make in the U.S. that could replace the subject articles if they were to be excluded;

- indicate whether the complainant, the complainant’s licensees and/or third-party suppliers have the capacity to replace the volume of articles potentially subject to the requested orders within a commercially reasonable time; and

- explain how the requested orders would impact U.S. consumers.

No Import Restrictions on Static Random Access Memories. In investigation 337-TA-792 the International Trade Commission has affirmed that the importation, sale for importation and sale within the U.S. after importation of certain static random access memories and products containing same are not violating specified patents owned by Cypress Semiconductor Corporation. The ITC has also upheld a determination that the complainant failed to establish the existence of a domestic industry that practices the asserted patents. The ITC has therefore terminated this investigation without the imposition of exclusion orders or cease and desist orders.

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